Police and Sheriff’s Deputies
Like any other worker in California, law enforcement officers possess specific workplace rights and protections. While the process may differ somewhat for these employees, the fundamental reality remains that they possess the legal basis to hold their employers accountable when their workplace rights are infringed upon.
At CraneRayes, we are proud to represent police officers, sheriff’s deputies, and all members of law enforcement when their rights have been violated. You can rely on us to help hold employers accountable for violating employment laws.
Law Enforcement Employment in California: A Diverse Landscape
Law enforcement in California is a multifaceted and vital public safety sector, offering various employment opportunities within various agencies and organizations responsible for enforcing local, state, and federal laws. California’s law enforcement options encompass:
- Local Police Departments: California boasts numerous local police departments dedicated to serving their communities by responding to emergencies, conducting investigations, and preserving public order.
- Sheriff’s Offices: All of California’s 58 counties house a sheriff’s office, responsible for law enforcement in unincorporated areas, managing county jails, and providing court security.
- California Highway Patrol (CHP): As a state law enforcement agency, CHP upholds traffic laws on California’s highways and roads while also safeguarding the governor and state officials.
- California Department of Corrections and Rehabilitation (CDCR): CDCR oversees state prisons and parolee supervision, employing correctional officers, parole agents, and other staff.
- Federal Law Enforcement Agencies: Several federal agencies operate within California, including the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Entering the law enforcement industry is challenging, and maintaining a career within it is even more demanding. This sector constantly evolves due to technological advancements, evolving policies, and changing laws, shaping the way law enforcement agencies function. California has been a frontrunner in reforming law enforcement practices and enhancing accountability, particularly following high-profile incidents of police misconduct.
Consequently, there is a growing demand for law enforcement professionals who possess rigorous training, cultural competence, and unwavering commitment to upholding the highest standards of professionalism and integrity. The industry offers a diverse range of occupations, including:
- Police Officer
- Sheriff’s Deputy
- California Highway Patrol Officer
- Correctional Officer
- Probation Officer
- Parole Agent
- Special Agent (FBI, DEA, ATF, etc.)
- Border Patrol Agent
- Park Ranger
- Fish and Wildlife Officer
- State Fire Marshal
- Crime Scene Investigator
- Forensic Scientist
- Intelligence Analyst
- Tactical Operator (SWAT)
- Air Marshal
- Diplomatic Security Agent
- Postal Inspector
- Secret Service Agent
- U.S. Marshal
These careers in law enforcement provide diverse opportunities for individuals seeking to serve their communities and uphold the law, all within California’s dynamic and ever-evolving landscape.
What is Employment Discrimination?
Discrimination in the workplace can be an employee who is treated unfairly, unfavorably, or differently from other employees, or an adverse employment action was taken because of an employee’s gender, age, religion, national origin, color or disability. Examples of employment discrimination include:
- People of one race are more likely to be given promotions or bonuses.
- People with disabilities are not given proper accommodations.
- Female officers are subjected to taunts and behaviors that males are not subjected to.
- Older officers are given less important cases.
- Certain religious holidays are favored over others.
Federal laws that protect workers from discrimination
These are a few of the federal laws that protect workers from discrimination:
- Title VII of the Civil Rights Act of 1964 makes discrimination against a person on the basis of race, color, religion, national origin or sex illegal. Title VII also prohibits discrimination against women because of pregnancy, childbirth or any related health conditions.
- The Age Discrimination in Employment Act (ADEA) makes discrimination against a person age 40 or older because of his or her age against the law.
- The Americans with Disabilities Act (ADA), and the Rehabilitation Act of 1973 makes it illegal to discriminate against people with disabilities.
- The Equal Pay Act of 1963 makes offering different rates of pay between women and men for the same work illegal.
- California’s Fair Employment and Housing Act (FEHA) protects California employees from discrimination based on race, religion, gender, disability, sexual orientation, veteran status and age if the person is over age 40. The FEHA protections apply to employers with five or more employees.
Proving Workplace Discrimination
Proving workplace discrimination is not always easy. Employers may use a “pretext,” or false reason for the wrongful termination. You must be able to provide evidence to prove that you were discriminated against, which is why it’s crucial to work with an employment lawyer who is well-versed in California laws.
There are two types of evidence: direct evidence and circumstantial evidence. Direct evidence includes written or oral statement, emails, memos or any other form of written communication that connects your protected status with your employer’s policies on hiring, promoting, assigning duties, firing or any other job-related decisions. These policies may be unwritten, but that does not mean that they do not exist.
If you are unable to find any tangible, direct evidence of your employer’s discriminatory policies, you may have to rely on circumstantial evidence. California law recognizes that employees rarely have direct evidence of discrimination and often must rely on circumstantial evidence. Black’s Law Dictionary describes the following examples of circumstantial evidence for workplace discrimination:
- Observations of different treatment between yourself and other employees with the same level of qualification for the job, but who differ in protected class status.
- Rude or derogatory comments made by superiors about your protected status such as racist or sexist remarks.
- A history of prior discriminatory practices or complaints against the company.
- A relative lack of employees with your protected status in your workplace.
- Jobs being given to people with fewer qualifications but a different class status.
As Panel Counsel to the Los Angeles Police Protective League, McNicholas & McNicholas, LLP understands that the needs of law enforcement may be different than those of a private employee. Your Los Angeles workplace discrimination lawyer will be able to piece together instances such as these to compile enough evidence to prove that discrimination is going on. If it comes down to your word against your supervisor’s, you should have as much circumstantial evidence as you can find to support your allegations and prove your case.
Examples of Retaliation Include:
- An employee is demoted, given unfavorable shifts, or terminated after filing a harassment claim.
- Reduced pay or benefits after whistleblowing on illegal company activities.
- Negative treatment after participating in an investigation within the company.
- Unwarranted negative performance reviews.
- Exclusion from essential meetings or team events.
- Being subjected to increased scrutiny or different treatment.
Why Trust Us to Handle Your Wrongful Termination Case?
Expertise: Our seasoned attorneys have secured millions in settlements and verdicts for car accident victims.
Client-Centric Approach: We prioritize your needs and concerns, offering personalized legal strategies tailored for your case.
Transparent Communication: You’ll always be in the loop. We ensure you’re well-informed about your case’s progress and what to expect.
No Upfront Fees: We operate on a contingency fee basis. You won’t owe us anything unless we secure compensation for you.
We Can Help You with Your Whistleblower Claim
The choice of whether to file a whistleblower claim against the LAPD or the Los Angeles County Sheriffs’ Department is daunting. We understand that most officers see themselves as a part of a brotherhood, and any attempt to point out corruption or systemic, illegal activity may be met with less-than-enthusiastic responses. Often, whistleblowers are subjected to bullying and harassing behavior, and shut out by their own colleagues. Even worse, many face retaliatory behaviors by commanding officers. This can include being:
- Denied promotions and bonuses
- Suspended from work
- Demoted
- Transferred
- Relegated to the “records room”
- Taken off active cases
Under state and federal law, it is illegal to retaliate against whistleblowers, and if your employer does, you may be entitled to compensation. Our Los Angeles employment attorneys have dedicated their careers to defending employee rights and protecting whistleblowers and will be relentless in advocating for your cause.
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